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(영문) 수원지방법원 성남지원 2016.06.09 2016고단601
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B.

On December 12, 2015, the Defendant driven the above vehicle on December 15:27, 2015, and proceeded to the police box near the 448-4 public three-distance, Pungsan-dong, Hanam-si, Hanam-si, with the view to the escape of the police box.

The location is where a bus-only bus line is installed, so in this case, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle without harming a blue solid line.

Nevertheless, the Defendant neglected this and hereded the front part of the D Gyeonggi bus operated by the victim C(41) who was in normal straight transit on the bus-only lane in order to drive a U-turn. However, the Defendant shocked the front part of the D Gyeonggi Round bus operated by the victim C(41) as part of the Defendant’s car.

Ultimately, the Defendant, by the foregoing occupational negligence, sustained injury that requires approximately two-day medical treatment to the victim C, the passenger victim E (62), the victim F (49), the victim G (25), the victim H (32), the victim H (5 years), the J (25 years), the J (29 years), and K (29 years), and suffered injury that requires approximately a week medical treatment to the victim L (19 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, L and J;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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